At the trial or upon the hearing of a motion or an interlocutory proceeding,
any part or all
of a deposition, so far as admissible under the rules of evidence applied as though the
witness were then present and testifying, may be used against any party who was present or
represented at the taking of the deposition or who had reasonable notice thereof, in
accordance with any of the following provisions:

At a hearing or trial, all or part of a deposition may be used against a party on these
conditions:

(A) the party was present or represented at the taking of the deposition or had
reasonable
notice of it;

(B) it is used to the extent it would be admissible under the Rules of Evidence if the
deponent were present and testifying; and

(C) the use is allowed by Rule 32(a)(2) through (8).

(1)(2) Impeachment and Other Uses.

Any deposition may be used by any party for the purpose of contradicting
or impeaching
the testimony of deponent as a witness, or for any other purpose permitted by the North
Dakota Rules of Evidence.

A party may use a deposition to contradict or impeach the testimony given by the
deponent
as a witness or for any other purpose allowed by the Rules of Evidence.

(2)(3) Deposition of Party, Agent, or Designee.

The deposition of a party or of anyone who at the time of taking the
deposition was an
officer, director, superintendent or managing agent, or a person designated under Rule
30(b)(6) or 31(a) to testify on behalf of a public or private corporation, partnership or
association or governmental agency which is a party may be used by an adverse party for
any purpose.

An adverse party may use for any purpose the deposition of a party or anyone who,
when
deposed, was the party's officer, director, managing agent, or designee under Rule 30(b)(^)
or 31(a)(4).

(3)(4) Unavailable Witness.

The deposition of a witness, whether or not a party, may be used by any
party for any
purpose if the court finds:

A party may use for any purpose the deposition of a witness, whether or not a party, if
the
court finds:

(A) that the witness is dead; or

(B) that the witness is at a greater distancemore than 100 miles
from the place of hearing
or trial or hearing, or is out ofoutside the state,
unless it appears that the absence of the
witnesswitness's absence was procured by the party offering the deposition;
or

(C) that the witness is unable tocannot attend or testify because
of age, illness, infirmity,
or imprisonment; or

(D) that the party offering the deposition has been unable tocould
not procure the witness's
attendance of the witness by subpoena; or

(E) upon applicationon motion and notice, that
such exceptional circumstances exist as to
make it desirable,­ in the interest of justice and with due regard
to the importance of
presenting thelive testimony of witnesses orally in
open court,­ to allowpermit the
deposition to be used.

(5) Limitations on Use.

A deposition taken without leave of court upon notice under Rule 30(a)(2)
may not be used
against a party who demonstrates that, when served with the notice, it was unable through
the exercise of diligence to obtain counsel to represent it at the taking of the deposition; nor
may a deposition be used against a party who, having received less than 11 days notice of
a deposition, has promptly upon receiving such notice filed a motion for a protective order
under Rule 26(c)(2) requesting that the deposition not be held or be held at a different time
or place and such motion is pending at the time the deposition is held.

(A) Deposition Taken on Short Notice. A deposition must not be used against a party
who,
having received less than 11 days notice of the deposition, promptly moved for a protective
order under Rule 26 (c)(2) requesting that it not be taken or be taken at a different time or
place ­ and this motion was still pending when the deposition was taken.

(B) Party Could Not Obtain an Attorney. A deposition taken without leave of court
under
the special notice provision of Rule 30(a)(2)(A)(ii) must not be used against a party who
shows that, when served with the notice, it could not, despite diligent efforts, obtain an
attorney to represent it at the deposition.

(4)(6) Using Part of a Deposition.

If only a part of a deposition is offered in evidence by a party, an adverse
party may require
the offeror to introduce any other part which ought in fairness to be considered with the part
introduced, and any party may introduce any other parts.

If a party offers in evidence only part of a deposition, an adverse party may require the
offeror to introduce other parts that in fairness may be considered with the part introduced,
and any other party may itself introduce any other parts.

(7) Substituting a Party.

Substitution of parties pursuant to Rule 25 does not affect the right to use
depositions
previously taken;

Substituting a party under Rule 25 does not affect the right to use a deposition
previously
taken.

(8) Deposition in Earlier Action.

and, if an action has been brought in any court of this state or of any other state in
the
United States and another action involving the same subject matter is afterward brought
between the same parties or their representatives or successors in interest, all depositions
lawfully taken in the former action may be used in the latter as if originally taken therefor.
A deposition previously taken may also be used as permitted by the North Dakota Rules of
Evidence.

A deposition lawfully taken and, if required, filed in any federal- or state- court action
may
be used in a later action involving the same subject matter between the same parties, or their
representatives or successors in interest, to the same extent as if taken in the later action. A
deposition previously taken may also be used as allowed by the Rules of Evidence.

(b) Objections to admissibility.

Subject to the provisions of Rule 28(b) and subdivision (d)(3) of this rule,
objection may
be made at the trial or hearing to receiving in evidence any deposition or part thereof for any
reason which would require the exclusion of the evidence if the witness were then present
and testifying.

Subject to Rules 28(b) and 32(d)(3), an objection may be made at a hearing or trial to
the
admission of any deposition testimony that would be inadmissible if the witness were present
and testifying.

(c) Form of presentation.

Except as otherwise directed by the court, a party using deposition testimony under
this rule
may use it in stenographic or nonstenographic form, but, if in nonstenographic form, the
party shall also provide the court and the other parties with a transcript of the portions being
used. On request of any party in a case tried before a jury, deposition testimony offered other
than for impeachment purposes must be presented in nonstenographic form, if available,
unless the court for good cause orders otherwise.

Unless the court orders otherwise, a party must provide a transcript of any deposition
testimony the party offers, but may provide the court with the testimony in nontranscript
form as well. On any party's request, deposition testimony offered in a jury trial for any
purpose other than impeachment must be presented in nontranscript form, if available, unless
the court for good cause orders otherwise.

(d) Effect of errors and irregularities in depositionsWaiver of
Objections.

(1) As toTo the Notice.

All errors and irregularities in the notice for taking a deposition are waived unless
written
objection is promptly served upon the party giving the notice.

An objection to an error or irregularity in a deposition notice is waived unless promptly
served in writing on the party giving the notice.

(2) As to disqualification of officerTo the Officer's
Qualification.

An objection to taking a deposition because of disqualification of the officer before
whom
it is to be taken is waived unless made before the taking of the deposition begins or as soon
thereafter as the disqualification becomes known or could be discovered with reasonable
diligence.

An objection based on disqualification of the officer before whom a deposition is to be
taken is waived if not made:

(A) before the deposition begins; or

(B) promptly after the basis for disqualification becomes known or, with reasonable
diligence, could have been known.

(3) As to taking ofTo the Taking of the Deposition.

(A) Objection to Competence, Relevance, or Materiality.

An objection to the competency of a witness or to the competency,
relevancy, or materiality
of testimony is not waived by failure to make them before or during the taking of the
deposition, unless the ground of the objection is one which might have been obviated or
removed if presented at that time.

An objection to the deponent's competence ­ or to the competence, relevance, or
materiality of testimony ­ is not waived by a failure to make the objection before or during
the deposition, unless the ground for it might have been corrected at that time.

(B) Objection to an Error or Irregularity.

Errors and irregularities occurring at the oral examination in the manner of taking
the
deposition, in the form of the questions or answers, in the oath or affirmation, or in the
conduct of parties, and errors of any kind which might be obviated, removed, or cured if
promptly presented, are waived unless seasonable objection thereto is made at the taking of
the deposition.

An objection to an error or irregularity at an oral examination is waived if:

(i) it relates to the manner of taking the deposition, the form of a question or answer,
the
oath or affirmation, a party's conduct, or other matters that might have been corrected at that
time; and

(ii) it is not timely made during the deposition.

(C) Objection to a Written Question.

An objection to the form of written questions submitted under Rule 31 are waived
unless
served in writing upon the party propounding them within the time allowed for serving the
succeeding cross or other questions and within five days after service of the last questions
authorized.

An objection to the form of a written question under Rule 31 is waived if not served in
writing on the party submitting the question within the time for serving responsive questions
or, if the question is a recross-question, within 5 days after being served with it.

(4) As to completion and return ofTo Completing and Returning
the Deposition.

An error and irregularity in the manner in which the testimony is transcribed or the
deposition is prepared, signed, certified, sealed, indorsed, transmitted, filed, or otherwise
dealt with by the officer under Rules 30 and 31 is waived unless a motion to suppress the
deposition or some part thereof is made with reasonable promptness after the defect is, or
with due diligence might have been, ascertained.

An objection to how the officer transcribed the testimony ­ or prepared, signed,
certified,
sealed, endorsed, sent, or otherwise dealt with the deposition ­ is waived unless a motion
to
suppress is made promptly after the defect or irregularity becomes known or, with reasonable
diligence, could have been known.

EXPLANATORY NOTE

Rule 32 was amended, effective January 1, 1980; July 1, 1981; March 1, 1986; March 1,
1990; March 1, 1996;_____________________.

Rule 32 was amended, effective _______________, in response to the December 1,
2007,
revision of the Federal Rules of Civil Procedure. The language and organization of the rule
were changed to make the rule more easily understood and to make style and terminology
consistent throughout the rules.